Mississippi Code, Volume 21A, 2013 Supplement

2013·17 MB·English

by  State of Mississippi

A
2013
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2013
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2013 REGULAR SESSION
AND 1STAND 2ND EXTRAORDINARY SESSIONS
OF THE LEGISLATURE
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume
21
(As Revised 2007)
For latest statutes or assistance call 1-800-833-9844
By the Editorial Staffofthe Publisher
LexisNexis
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by
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User's Guide
In orderto assistboththelegalprofession andthelaymaninobtainingthe
maximumbenefitfromthe Mississippi Code of1972Annotated, aUser's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii
cligitized by the Internet Archive
2014
in
https://archive.org/details/govlawmscode21as2013
PUBLISHER'S FOREWORD
Statutes
The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sources that arereadto create annotations forthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecent cases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe CourtofAppeals anddecisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter ^
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts that have
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdispositionoflegislative
acts through the 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as well as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2013 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 99. CRIMINAL PROCEDURE
CHAPTER 1. General Provisions; Time Limitations; Costs
Sec.
99-1-27. Victim ofsex offenses not required to submit to truth telhng devices as
condition for proceeding with investigation ofoffense.
99-1-29. Certain reproduction during discovery of property or material that
constitutes child pornography prohibited.
CHAPTER
3.Arrests
99-3-28. Teachers or sworn law enforcement officers charged with committing
crime while in the performance of duties; certain procedural require-
ments to be met prior to issuance ofarrest warrant.
CHAPTER
5. Bail
99-5-38. Use of global positioning monitoring system as condition of bond for
defendant in domestic violence case; definitions; information to be
provided victim.
CHAPTER 19. Judgment, Sentence, and Execution
IN GENERAL
99-19-72 Filing fee for petition to expunge certain first offenses; distribution of
fees collected.
99-19-77 Assessment against convicted criminal defendants to cover costs of
investigations; use ofassessments.
ENHANCED PENALTIES FOR UNLAWFUL USE OF FINANCIAL
INSTRUMENTS OR IDENTIFYING INFORMATION TAKEN FROM OWNER
BY MEANS OF VIOLENT CRIME OR BURGLARY
99-19-401. Enhanced penalty; offenses subject to enhancement of penalty; appli-
cable crimes during which instrumentalities were initially obtained.
CHAPTER 43. Mississippi Crime Victims'Bill ofRights
99-43-8. Victim's right to receive copy ofinitial incident report.
CHAPTER 47. Victim ofDomestic Violence, SexualAssault or Stalking
Address Confidentiality Program
99-47-1. Definitions; Address Confidentiality Program established; application
contents; certification as program participant; penalties for knowingly
providing false or incorrect information on application; cancellation of
certification; use of substitute address by public bodies; prohibition
against disclosure of records in program participant's file; exceptions;
immunity from liability.
CHAPTER 49. Preservation andAccessibility ofBiological Evidence
99-49-1. Legislative intent; definitions; preservation of evidence procedures;
remedies for noncompliance.
2013 Supplement 1

CODE
MISSISSIPPI
1972
ANNOTATED
VOLUME TWENTY-ONE A
TITLE 99
CRIMINAL PROCEDURE
Chapter 1. General Provisions; Time Limitations; Costs 99-1-1
Chapter 3. Arrests 99-3-1
Chapters. Bail 99-5-1
Chapter 7. Indictment 99-7-1
Chapter 11. Jurisdiction and Venue 99-11-1
Chapter 13. Insanity Proceedings 99-13-1
Chapter 15. Pretrial Proceedings 99-15-1
Chapter 18. Office ofState Public Defender 99-18-1
Chapter 19. Judgment, Sentence, and Execution 99-19-1
Chapter 33. Prosecutions Before Justice Court Judges 99-33-1
Chapter 35. Appeals 99-35-1
Chapter 37. Restitution to Victims ofCrimes 99-37-1
Chapter 38. Crime Victim's EscrowAccountAct 99-38-1
Chapter 39. Post-Conviction Proceedings 99-39-1
Chapter 40. IndigentAppeals Division 99-40-1
Chapter 41. Mississippi Crime Victims' CompensationAct 99-41-1
Chapter 43. Mississippi Crime Victims' Bill ofRights 99-43-1
Chapter 47. Victim of Domestic Violence, Sexual Assault or Stalking Ad-
dress Confidentiality Program 99-47-1
Chapter 49. Preservation andAccessibility ofBiological Evidence 99-49-1
CHAPTER
1
General Provisions; Time Limitations; Costs
Sec.
99-1-5. Time limitation on prosecutions.
99-1-23. Appearance in court by means ofclosed circuit television or Web cam.
99-1-27. Victim ofsex offenses not required to submit to truth telling devices as
condition for proceeding with investigation ofoffense.
99-1-29. Certain reproduction during discovery of property or material that
constitutes child pornography prohibited.
§ 99-1-5. Time limitation on prosecutions.
Thepassage oftime shallneverbarprosecution against anypersonforthe
offenses of murder, manslaughter, aggravated assault, aggravated domestic
violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny.
2013 Supplement 3
§ 99-1-5 Criminal Procedure
rape, embezzlement, obtaining money or property under false pretenses or by
fraud, felonious abuse or battery of a child as described in Section 97-5-39,
touching or handling a child for lustful purposes as described in Section
97-5-23, sexual battery of a child as described in Section 97-3-95(l)(c), (d) or
(2), exploitation ofchildren as described in Section 97-5-33, promoting prosti-
tution under Section 97-29-51(2) when the person involved is a minor, or for
any human trafficking offense described in Section 97-3-54.l(l)(a), (l)(b) or
A
(l)(c), Section 97-3-54.2, or Section 93-3-54.3. person shall not be prosecuted
for conspiracy, as described in Section 97-1-1, for felonious assistance-program
fraud, as described in Section 97-19-71, or for felonious abuse of vulnerable
persons, as described in Sections 43-47-18 and 43-47-19, unless the prosecu-
tion for the offense is commenced within five (5) years next after the
A
commission thereof. person shall not be prosecuted for larceny oftimber as
described in Section 97-17-59, unless the prosecution for the offense is
commenced within six (6) years next after the commission thereof. A person
shallnotbeprosecutedforanyotheroffensenotlistedinthis sectionunlessthe
prosecution for the offense is commenced within two (2) years next after the
commission thereof. Nothing contained in this section shall bar any prosecu-
tion against any person who shall abscond or flee fromjustice, or shall absent
himself from this state or out of the jurisdiction of the court, or so conduct
himselfthathecannotbefoundbytheofficers ofthelaw, orthatprocess cannot
be served upon him.
SOURCES: Codes, Hutchinson's 1848, ch. 65, art. 2(52); 1857, ch. 64, art. 247;
1871, § 2766; 1880, § 3002; 1892, § 1342; 1906, § 1414; Hemingway's 1917,
§ 1169; 1930, § 1194; 1942, § 2437; Laws, 1912, ch. 261; Laws, 1989, ch. 567,
§ 1;Laws, 1990,ch.412, § 1;Laws, 1993,ch.440, § 1;Laws, 1998,ch.582, § 1;
Laws, 2003, ch. 497, § 1; Laws, 2004, ch. 539, § 1; Laws, 2008, ch. 530, § 1;
Laws, 2010, ch. 358, § 1; Laws, 2012, ch. 439, § 3; Laws, 2012, ch. 455, § 1;
Laws, 2013, ch. 543, § 18; Laws, 2013, ch. 565, § 2, efffrom and afterJuly 1,
2013.
—
Joint Legislative Committee Note Pursuant to Section 1-1-109, the Joint
Legislative Committee on Compilation, Revision and Publication of Legislation cor-
rected section references in this section. The references to "Section 97-3-95(c)" were
changedto "Section 97-3-95(l)(c) or (d)."TheJoint Committee ratified the correction at
its May 16, 2002, meeting, and the section has been reprinted in the supplement to
reflect the corrected language.
Section 3 of Chapter 439, Laws of 2012, effective July 1, 2012 (approved April 19,
2012), amended this section. Section 1 ofChapter 455, Laws of2012, effective July 1,
2012 (approvedApril 23, 2012) also amendedthis section.As set out above, this section
reflects thelanguage ofboth amendments, pursuantto Section 1-1-109whichgives the
Joint Legislative Committee on Compilation, Revision and Publication ofLegislation
authoritytointegrateamendments sothatallversionsofthe samecodesectionenacted
within the same legislative session may become effective. The Joint Committee on
Compilation, Revision and Publication ofLegislation ratified the integration ofthese
amendments as consistent with the legislative intent at theAugust 16, 2012, meeting
ofthe Committee.
Section 18 ofch. 543, Laws of2013, effective from and after July 1, 2013 (approved
April 25, 2013, 2:55 p.m.), amended this section. Section 2 of ch. 565, Laws of 2013,
effectiveJuly 1, 2013 (approvedApril 25, 2013, 4:45 p.m.), amended this section.As set
4 2013 Supplement